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在我国破产制度的主体只有企业法人,非企业法人和自然人不能破产。自然人同样作为市场主体参与经济活动。随着市场经济的波动和市场经济激烈竞争,自然人资不抵债的情况并不少见,在此情况下,自然人免责机制显得很重要。自然人破产制度本来是破产制度的起点,但是中国自古以来便有“杀人偿命欠债还钱”和“父债子还”的观念,因此我国人会觉得自然人免责不能接受。目前我国金融市场尚不完善,个人借贷放贷市场很大且不规范,个人一旦出现资不抵债,司法机关就会以刑法手段简单粗暴地处理。未来我国的市场经济越来越发达,自然人破产制度确立势在必行,同样在巨大天灾面前,自然人的全部财产毁于一旦,而且个人因为灾难丧失了偿债能力,长时间或者永远不能恢复,这样的情况下仍然要自然人偿债,明显违背公平正义。
In our country, the main body of the bankruptcy system is only corporate legal person, non-corporate legal person and natural person can not go bankrupt. Natural persons also participate in economic activities as market players. With the volatility of the market economy and the fierce market economy competition, it is not uncommon for people to be insolvent with natural persons. Under such circumstances, the exemption mechanism for natural persons is very important. The natural person bankruptcy system was originally the starting point of the bankruptcy system. However, since ancient times China has the concept of “murder and repaying debt and repaying debt” and “father and son repaying”. Therefore, our countrymen think that exemption of natural persons can not be accepted. At present, the financial market in our country is still not perfect. The market for personal loans and loans is large and non-standard. Once an individual fails to pay off the debts, the judicial organs will simply and crudely handle the criminal law. In the future, the market economy in our country will be more and more developed. It is imperative to establish a bankruptcy system for natural persons. In the same way, in the face of a huge natural disaster, all the property of natural persons will be destroyed once and for all, and individuals will not be able to recover for a long time or ever since they have lost their solvency, Under such circumstances, natural persons still have to pay their debts, which obviously runs counter to fairness and justice.